Breaking the Disability Hearings Backlog; Some Ideas
Every time I meet a new Social Security client, I explain the elements of the claim, the appeals process, and the hearing. Then I break the news to them about the wait time for a hearing. That is a hard pill for a client to swallow when dealing with a serious medical problem, no income, and minimal to no medical care.
Social Security now has a Compassionate Allowance program, designed to target medical problems that are so obviously severe that disability is obvious, and benefits should be granted on a quick track basis. After a series of hearings, the Social Security Administration developed a list of those conditions subject to the Compassionate Allowance Program. This list is not static, and may be amended in the future
Another potential tool to avoid the long wait is an On The Record Decision. We calls these "OTRs." An Administrative Law Judge will issue an OTR Decision if the documents in the claims file clearly establish disability. Of course, what clearly establishes disability to one person may not to another. I will request an on the record decision where the medical evidence is strong, and there is little doubt on the issue of disability.
Social Security will also provide an expedited hearing where the Claimant is experiencing "dire need." To meet dire need, you must show that you have no access to food, medical care, or shelter. This is a difficult standard, but with the right evidence, the hearings office will expedite the hearing with a dire need request.
